co-pays as we streamline the process that the executive branch is responsible for that there will be those in the congress who can lead efforts to streamline the effort up there but that initiative as everybody here knows has to come out of the legislative branch. thank you all very much for being here today. [applause] .. >> the judiciary committee wil

come to order. today's hearing will be an oversight hearing for the civil rights division of the department of justice. i want to thank chairman leahy for giving me the opportunity to chair today's hearing. it is a pleasure to have thomas press here, who heads up the civil rights division -- thomas perez here, who heads up the civil rights division. it is a corporate to acknowledge the great loss -- it is appropriate to a college degree loss of one of our civil rights leaders, dorothy i. the long time chairman of the national council on negro women was a strong fighter for equal justice based on gender and race and

her leadership was critically important during civil rights movement. with her insistence for racial justice. ask gender equality. the saying that i think i will always remember about dorothy height was if times aren't ripe you have to ripen the times and i think that will -- her legacy will stick with us as we meet the current challenges for equality in america. for more than 50 years the civil rights division has been charged with protecting all americans against discrimination throughout our society. division is our nation's moral compass. as senator ted kennedy said civil rights is the unfinished business of the nation and there's much work to be done. whether it's in discrimination in employment, education, housing voting personal libertys or hate crimes civil rights division must take action and not staton sidelines against those who violate our laws. the civil rights division

has a proud tradition of fighting to enforce anti-discrimination laws in the areas of voting rights civil rights housing elections employment and hate crimes however during last administration division had an alarming lack of civil rights enforcement and a multitude of politicization so much so that their own office of professional responsibility and the office of inspector general. began independent investigations of the political appointees at the department of justice. year after year more evidence of core ruch -- core runs and lack of enforcement came to surface between 2001 and 2006 the voting section failed to file any case on behalf of african-american voters. during the same time period there was one case. just one case filed for minority vote dilution. in 2008 in the height of the economic downturn and housing collapse division played no role in holding lenders accountable for discrimination. disability lawsuits declined almost 50% under the last

administration. only 10 hate crimes were prosecuted the lowest number of hate crime cases brought in more than a decade. and by the way there was evidence that there was a rise in hate crime activity during that same period. there's a lot to be done in the civil rights division to restore its role in protecting civil rights. when president obama nominated tom perez to be assistant attorney general for civil rights i was confident he would restore the morale in the division because he came from the division. tom perez served for 10 years beginning as a trial attorney in the criminal section through the years he moved up the ladder first as trial attorney and eventually as deputy assistant attorney general for civil rights. so he knew the importance of setting aside political and idea lodge affiliations when hiring new attorneys. tom perez knew from firsthand experience the need to ensure protection and legal recourse for those who had been diskrimuate -- discriminated against. for all these reasons as well as his leadership from attorney general holder and

president obama i was confident that in tom perez's hands the vision would return to its roots of providing a voice for the voiceless and help to our most vulnerable citizens because he knew what civil rights attorneys should do. the administration has taken action. i look forward to hearing about the civil rights divisions doing under your new leadership. specifically what types and how many cases have been initiated fouled and brought within the housing and civil enforcement sections housing sections, criminal secs the voting sections the employment sections and disability secs has done to enforce our civil rights laws. that's the purpose for today's hearing. we look forward to a dialogue with the division chief and carrying out our responsibility to overcivil rights division and with that let me turn to senator sessions. >> thank you senator and thank you for recognizing dorothy height. i got to know her on a number of occasions and what

a delightful wonderful lady she was and what a history she has in advocating for civil rights in america and this division is important properly exercised, it provides tremendous benefit to american citizens and i think that the chairman is right to recognize that politics is inappropriate in the department and politics can be evidenced from both sides of the aisle certainly and we need to be concerned. one of the purposes i do believe of this hearing is to make sure the civil rights division is exerciseing its authority to shield and protect individuals from discrimination but not as a sword to assert inappropriate claims that have the effect of promoting political agendas. so i can't -- you know,

civil rights principles need to be professionally analyzed and with regard to the housing collapse there's strong evidence to indicate that pressure to make loans to individuals in ways that demonstrated clearly that there was no housing prejudice could well have resulted in institution making bad loans that they really shouldn't have made and threats and pressures can cause some of that. so i think that was a part of the housing collapse. on election day in november 2008 members of the new black panther party intimidated voters at a precinct in philadelphia with one member wielding a nightstick. the activity was described by prominent civil rights activists as "the most

blatant form of voter intimidation" that he had seen. even degree the vote -- during the voting rights crisis in mississippi where he'd worked a half century before. despite this characterization and direct evidence of guilt it appeared on behalf of the new black party members the department of justice decided not to fully pursue every avenue to ensure that guilty parties did not disenfranchise other voters in the future. in fact, one of the intimidators recently worked at another voting precinct recently. so the united states commission on civil rights the u.s. commission on civil rights has many of the same goals as the civil rights division are concerned about this matter and a majority of the commissioners are not satisfied. the department of justice has fully pursued every avenue on behalf of the voters to make sure that these actions do not strike again in philadelphia or

elsewhere. so but instead of coordinating with the commission, the justice department has put up a steel barrier and attempted to thwart every effort the commission has raised about this case. this does not bode well for aned a midge -- an administration that promised to be open and transparent it seems to me. so i'm concerned that this new culture might be producing some harmful results for the last several months my office and i'm sure others have gotten a lot of telephone calls and messages about the abuses of acorn. this is an organization that congress voted to defund because of voting practices that are proven to be corrupt yet it is reported in in march of 2009 this administration discontinued a criminal investigation into two voter fraud complaints. in '08 at least two individuals filed complaints against acorn and produced documents demonstrating that

acorn representatives were registering under aged individuals and individuals in the country illegally. not eligible to vote. the fbi and department of justice opened investigations for fraudulent voter registration card submissions. this administration parently has let acorn off the hook. saying that no laws were violated. even though it was stated by the department "questionable hiring and training practices" occurred does that mean they made errors and moved forward with activities that were illegal and shouldn't more be done about it than that? in north carolina the voters there decided they wanted to do away with party affiliations in local elections. that's city elections where many have that.

a majority african-american community. according to an article in the "washington times" and other articles this administration overruled the voters in ken ton because partisan elections conclude were needed so african-american voters would elect their "candidates of choice". i agree with the assessment of abigail thurm strom member of the united states commission on civil rights in regards to this case. she said the following "the voting rights act is supposed to protect against situations when black voters are locked out because of racism. there's no entitlement to elect a candidate they prefer on the assumption that all black voters prefer democratic candid". so i know we've heard lite of rhetoric about the did being back open for business and the voting booth once again being protected but i am concerned about some of these actions.

and whether or not the administration has any plans to enforce section 8 of the motor voe or the bill -- motor voter bill. of the voting rights act which required dead and duplicate voters to be removed from the rolls. i'm concerned about some of the desperate impact cases. especially in light of the supreme court's ruling in reach chi which we had so much discussion about during the society mayer south -- -- confirmations. mr. chairman i would note that after this financial crisis lawsuits the administration is planning i understand to file disprit impact lawsuit

against financial institution because practice that don't appear to be discriminatory but might have disproportionate results. "new york times" reported that doj "is beginning a major campaign against banks and mortgage brokers suspected of discriminating against minority applicants in lending. some critics have contended that the government rules punishing banks, pushing banks to lend to minority and low-income borrowers contributed to the financial meltdown the campaign could rekindle that debate. we'll need to understand with clarity just how you intend to approach that idea because it's one thing to make sure that people are not discriminated against. it's another to pressure banks to make loans that are not sound. that's not good for the bore roars, it's not good for the country. thank you mr. chairman. >> thank you senator

sessions. we'll now hear from the assistant attorney general the head of the civil rights division tom perez. >> thank you mr. chairman. it's an honor to be here as always in front of my home senator and a champion of civil rights not only in maryland but across america. so always great to be here in front of someone who parenthetically has one of the most remarkable wives in america as well. please give my regards. >> i'm glad you put that in the record. >> yes absolutely. and senator session i've always had great respect for you and appreciate the respect you accorded me dating back to 1989 when i was in mobile, alabama prosecuting danny miller in a case that you supported 100% of the way so it's always a pleasure to be here in front of you as well. and i appreciate both of your acknowledging dr. height. been a sad week or so for civil rights movement in aftermath of benjamin hooks and now dr. heights. equal pay act. today se qaul payday and when the equal pay act was

signed in 1963 by president kennedy who was standing next to him? dorothy height. a real civil rights icon. so thank you for the opportunity to be here. >> thank you for being in birmingham. >> and i three wonderful days in birmingham as i told senator sessions at the civil rights institute at 16th street church meeting with civil rights leaders. i met an old colleague of mine i prosecuted a case with in alabama in 1991 when i was a career civil servant under dick thornburgh and it was great to reacquaint and i had one of the best meals i've ever had senator in birmingham that evening. good have it ls as we -- as we say in the business awould say how proud i am of bifrming ham for its -- birmingham for its principled and sincere effort to confront its past where racial discrimination was far too prevalent and

much of it was very, very destructive and damageing to that whole city. but it has confronted its past in an honest and forth right way. i think other city cans learn from what birmingham has done. >> i look forward to bringing my children there and look forward to bringing my children to the museum in greensboro i had the privilege of participating in the grand opening in. two remarkable tributes to our nation's history. it real slay pleasure to be here. --, attorney general called our division the crown jewel of the department of justice. it the president singled out the civil rights division in the "state of the union". you have been very supportive of our budget requests and we're very, very grateful because that's enabled us to step up our enforcement efforts in a number of ways. first priority upon confirmation was to take immediate steps to restore trust between career staff and political leadership to restore public confidence and depoliticize

decision-making we worked quickly to restore responsibility for hiring perngsed career attorneys to the career attorneys themselves. our new written hiring policies for career personnel are now on our web site. our process chad been taken away in the prior administration is now back in the hands of career people and we hired a bumper crop of 16 now law graduates who will be starting this summer and this fall. we've also made it a lot easier for lawyers in the division to do their jobs. by eliminateing a wide range of needest -- needless bureaucratic obstacles standing in the way of doing their job. we've restored communication between career and noncareer staff and as a former i'll always considered myself a career attorney because i spent 10 of the best years of my life in that division. and so for instance before we make decisions on section 5 cases i now want to hear from all the career attorneys and the analyst what is their opinions were. the policy was changed in the prior administration so

that they were not allowed to offer that view point. we may not always agree on the final outcome but every voice will indeed be heard. we're encouraging our lawyers rather than forbidding them to conduct aggressive outreach to key stakeholders in communities across this country. we've stepped up enforcement across the board and we're focusing enforcement not simply on quantity but on quality of cases filed and maximizeing the number of people we can help and i've given you a detailed analysis of some of the cases and i wanted to give you a few highlights. in the wake of the national housing crisis the enforcement of fair housing and fair lending protection are among our top priorities. working with the president's financial fraud enforcement task force we've established a dedicated fair lending unit and hired a special council for fair lending. we currently have 39 open mapt -- matters in the fair lepding unit last month anoung nounsed a landmark you fit with two subbed is areas of aig to resolve

allegations of discrimination against african-american borrowers by brokers with whom these subsidiaries had contracted the borrowers were being subjected the african-american borrowers were being subjected to excessive fees and we have sent a clear signal in this settlement to lerntsd they must take steps to ensure brokers with whom they partner are not engaged in discrimination. 2500 african-american borrowers who were subjected to unnecessarily excessive fees will receive relief in the context of this settlement. in the fair housing case in southern california we reached the largest settlement ever in a case involving rental discrimination. as president obama said in the "state of the union" we are once again working to combat all forms of employment discrimination. we have reinvigorated our practice enforcement program and as a result the employment litigation section has more than a dozen active pattern practice investigations. in a significant case

against the new york fire department for hiring discrimination the trial judge granted summary judgment to the united states and this was after the decision and explicitly discussed how the decision did not apply to the particular facts of this case. and in fact he found so much evidence of difficulty and disdiscrimination historically in the fire department he ruled the evidence constitute evidence of intenseal discrimination. not simply disparate impact. we have also ramped up our enforcement of the uniformed services employment and re-employment rights act. since the new administration began we've filed 19 lawsuits come paired with 16 that were filed during previous three years combined. in addition just last week we closed an investigation of the state of oregon regarding a law dating back to 1923. that banned public school teachers from wearing religious clothing and we worked heavily on that case because we felt it was discriminatory and the

governor signed a bill repealing the law and we were able to settle the case. and the education context you need look no further than the front page of today's "washington post" to see the work that we're doing in that section and regrettably and very troublingly we continue to see a need to combat the resegregation of schools to ensure all students have equal access to quality education. the mississippi school district case is a case that is an out growth of a 1970 court deseg order. the district in recent years through a transpolicy created what many local members of the community called a white school quote unquote and a black school quote unquote. and what happened was through this transfer policy the segregation of the schools was furthered again and to make matters worse in the predominantly african american school classrooms were then being segregated by race.

so that the remaining nonminority students in the "black school" were being segregated by classroom this was wrong. this was illegal. we attempted to set tell case -- settle the case with the school district. they rejected the settlement and we were forced to go to court and the court ordered the relief that's noted in today's "washington post". i wish i could say that was the only case of this nature. in monroe county louisiana we had a case involving a school district 87% african-american. they have two high schools. one is 100% african-american. one is 57% african-american. 43% white. in the school district that has 100% african-american students there were no a.p. classes offered and five gifted and talented or honors courses. in the other school that was 43% white there were 70 such courses offered. this is not fair. this is not legal and we reached a settlement to

correct this. regrettably we continue to see our education docket is ripe and continuing our work. in our criminal enforce tment prosecution of hate crimes remains a top priority we're work to implement the matthew shepherd and james jr. hate crimes prevens act of twou to nine training lawyers, law enforcement officers state and local across the country. in the meantime we've seen an increase in the number of hate crimes cases that we've brought. last year late last year we announced the indictment of five individuals include throwing a police officers -- including three police officers on charges related to racially motivated beating of a latino immigrant in shannon dough what, pennsylvania and subsequent cover up of the incidents by three members of the police department. very troubling incident i have great respect for law enforcement officers and the work they do but when they cross the line they must be held accountable for their actions. in addition to that we have a number of cases pending involveing the new orleans police department.

in one case involving police involved fatal shootings following hurricane katrina four officers have plead guilty in the investigation into this and the other incidence is on going. at the most recent plea hearing the district judges said the following after our attorney read the underlying facts into the record supporting the plea agreement. "i do not think you can listen to that account without being sickened by the raw brutality of the shooting and the craven lawless of the cover-up. we will continue our work in new orleans. on the voting front we are actively preparing for the upcoming round rf of redistricting the voting section has received the largest compliment of new resources so that we will be prepared for redistricting. we are continueing the critical work of protecting the rights of language minoritys to access the ballot while stepping up our enforcement of section 2 of the voting rights act and the national voter registration act.

pairing guidance on section 7 and 8 of motor voters so states and others understand their obligations in that area the section has an initiative under way to ensure compliance with critical provision of motor voter requiring eligible voters be able to renl ster at state social service agencies. already we've begun inquiries of six states and we will expand those inquiries elsewhere. in march we won a favorable ruling a summary judgment motion in a case against the state of new york to ensure voter registration opportunities required by motor voter are available at offices serving college students with disabilities and state funded institutions of higher edge kamths we also have a robust disabilities rights practice. feverishly work on the ada regulation as we prepare for 20th anniversary of the ada. we have dramatically stepped up efforts to prevent the unnecessary institutionalization of people with disabilities including significant cases in georgia, new york arkansas and elsewhere and to ensure that the

conditions in the facilities are safe. my memory banks are sered with the nightmare of a 14-year-old girl with mental health issues who was in an institution in georgia she didn't need to be there but she was there. she had treatment for her condition and one of the side-effects of that treatment was county passion. she -- congress passion. she was in so much pain but the people did not treat her she literally exploded or i should say imploded and died in that institution. these are real people suffering real problems some of the most vulnerable people in our community and i cannot sleep at night when i think about things like that that are happening in institutions across this country. and we will continue to work on those efforts to make sure institutions are safe and only people who should be there are there. in short the civil rights division is again open for business and we are indeed using all of the tools in our law enforcement arsenal

including litigation, education outreach and numerous forms of technical assistance. we formed new part either ships with -- partnerships with state and local law enforcement. i met with law enforcement in birmingham when was out there to discuss interests of mutual interest. hate crime human trafficking and church arsons, et cetera. we have numerous partnerships with our federal partners. we've made a lot of progress but as you correctly point out senator as senator kennedy said civil rights remains the unfinished business of america. i wish i could be that may tag repairman waiting for the phone to ring but regrettably we continue to be the toyota mechanic and i'm here to answer any questions you may have and i look forward to your questioning. >> well, thank you for your energy and your passion on this issue. i share your concern about what we can do to help and it's frustrating we can't move faster to provide the opportunities for all the people in this country. i also very much acknowledge

the great results on recruitmentment that is a clear sign that the right climate has returned to the civil rights division. and we've heard and you've told us about the regular meetings between the career attorneys and the political appointments so that you have a seamless system taking the best advice from the career attorneys. we very much appreciate that and we applaud your effort in that regard. >> i also appreciate you started with fair lending because i think in these economic times fair lending is an area we really need to put a spotlight on i agree with senator sessions that we do not want to put a climate out there that causes institutions to do things that are irresponsible. that's not our intentions and i agree with senator sessions. but i think we can learn from history. you go back to before world

war ii where we had housing programs in this country administered by fha and the color coding was adopted in red lynning -- red lining which had at least tried to be justified based upon economic realities what it did was hold down a class of people and the net result was wealth accumulation many times based upon the ability to own a home and get the equity out of that home was denied to minority population in our country. statistics show by 1980 when the gi bill's mortgages matured the net worth of white families was close to $40,000. whereas compared to black households was a little over $3,000. that has its own rippling effect as we look at trying to for businesses to develop first source of capital you look at is the wealth that's

been accumulated within your own community. if you don't have wealth accumulations it holds down business growth, holds down our whole economy. and same type of issues could be mentioned in a lot of other areas. predatory lending occurred during this period. there were black families in maryland that were targeted in minority communities that could have gotten traditional loans but instead were steered by brokers into more expenseive type financing and ultimately found themselves in a situation they could not get out of. i just really want to applaud you for focusing on the lending issues setting up separate unit because the lending discriminations in this country is having a profound effect not just on the mortgage for homes but also as it relates to businesses and education and

et cetera. i just really want to encourage you to continue. going to give you a little bit more time just to talk about what you're doing about the predatory lending practices to make sure all communitys in our country have equal access to credit in this country. >> true. thank you for that question senator and thank you for your long-standing support of these efforts to curb predatory lendsing as you know i had the good privilege of serving as governor o'malley's point person on foreclosure prevention and i met with many families who were days and in some cases hours away from losing their home. learned a lot about this issue in the course of traveling across our great state of maryland and first and foremost i think what i rerned -- what i learned most is that consumer protection and preserving a sound lindhing -- lending climate go hand-in-hand. we sometimes live in an unnecessary buy their uni --

binary universe we say you either do one or the other. we can and must do both. when we passed series of reforms the maryland that were very aggressive we passed them with the absolute support of the mortgage bankers and brokers they actually gave me an award for the work we did is they understood when you don't have sound consumer protection you don't -- then that can under mine the system at large. the work with they're doing really builds off of that. because the data is very clear. the foreclosure crisis has touched virtually every community in this country but disproportionately communities of color in particular african-americans and latinos. 30% of the foreclosure activity in the state of maryland was in prince george's county. predominantly african american suburb in the state of maryland. and so we've seen that and we've seen in the aig case

that the brokers were understood that they could take advantage. of african-american bore roars. cross burnings are the most overt form of discrimination and bigotry. lending discrimination is some of the most subtle. what i call distrim -- discrimination with a smile. many people are just happy to be in a home. they don't realize that 8% interest rate they were just quoted was far worse than the terms they were otherwise eligible. so oftentimes we see that discrimination with a smile in the work that we do whether it's the aig case. twlits other work -- whether it's the other work that we're doing. i truly believe that the work that we're doing on the president's financial fraud task force the partnerships we have under way i'll be with the attorney general of illinois tomorrow. i recently met with the attorney general of tennessee to talk about potential joint efforts. those sorts of partnerships are critical because we have

seen regrettably that this issue has a very, very strong civil rights dimension. and calls for us to use the tools in our arsenal notably the fair housing sqakt the equal credit opportunity act and that's precisely what we're doing. >> you talk about partnership with the states. i want to focus on the implementation of the matthew shepherd and james byrd jr. hate crimes prevention act. you noted in your open comments about cases that have been filed by your division. that bill was passed for two purposes. one to make it clear that federal government would be available to deal with those types of activities but also to enhance the partnership between the federal government and the local governments. could you just share with us what your division is doing working with the local prosecutors to enhance their capacity to deal with this

issue? >> that's a great question. i was in birmingham as i said week before last with a number of key stakeholders and we had a very robust two hour session with local law enforcement because i do not measure success of the matthew shepherd act by the number of federal prosecutions that are brought. i measure success by the number of cases that we can bring. i have asked the question in every case i've done what's in the best interest of the case. and many of these cases church ar sons for instance. it was in the best interest of the case once you solved it to give it to the local authorities because they could prosecute it perhaps fasters. some hate crimes cases are easier to give to the local authorities. wyoming almost went bankrupt in the prosecution of matthew shepherd because it was a small community. the average d.a.'s office in the united states i believe has something like 9 employees. they're small. we are now a resource for

local law enforce. that's why i am traveling the country to deliver that message and to work with chrenl colleagues federal law enforce. local law enforcement nonprofit partners to train because people ask me what are your first impressions on the job mr. chairman and one of my first impressions is the more things change the more they stay the same. today in south carolina there's going to be a sentencing in a hate crimes case. father and son team. african-american goes into a store to use the facilities they are appalled by the fact an african-american is going into the store. they assault him. they pull out a chainsaw from their car and they ignite the chainsaw and attack him with a chainsaw yes a chainsaw i kid you not. two white people come to the defense of this white person and they attacked that person as well. and we were able to secure a plea the day after the jury was empanelled. and so we see this cancer of the soul chi -- which i

thought was behind us continues to rear its ugly head and frankly as you correctly pointed out senator in your opening statement hate crimes are on the rise and that is why this bill is a critical tool in our law enforcement arsenal and we look forward to empowering both federal and local law enforcement to do the work that needs to be done to combat hate crimes. >> senator sessions mentioned during his opening statement concerns about intimidation that the vote -- at the polling places and i agree with him. any type of intimidation should be dealt with. a couple years ago some of our republican colleagues raised thish shaw of access to voting by our military and quite frankly i agreed with their concern requests we took action jointly to make sure our military gets adequate time in order to be able to participate in local elections. i mentioned that specifically because could be a0 problem with those states that have late primaries as to how we can

comply with those time limits and we need to figure out how we can make sure our military are fully empowered all voters are fully empowered during the 20002010 elections. -- 2010 elections. i want to of course remind the committee about the type of innovative perception that seems to come about every election. how we'll mysterious letters appear in minority communities telling them that the election day will be wednesday rather than tuesday. or that you have outstanding parking tickets you better not show up at the polling place because you'll be arrested and things like that. aimed at a segment of voters who are likely to be intimidated by that type of use of material. i think we all condemn that and we've taken steps to try to prevent that at the state level. but to me this should be a national priority to make sure that it is clear that

we have the capacity of the federal government to support our states to make it abundantly that if people participate in these types of activities they'll be held accountable and should have no place in american elections. what are you doing in preparation for the 2010 elections? >> sure. i completely agree with everything you've said and we're working hard to make sure we implement the move act and we ensure that overseas military voters can vote in the upcoming primaries so that is a front burner item simply because we have to get -- we have primaries as you said coming up. i share your concern about voter intimidation in any way shape or form. i still have a copy of the literature for prince george's county in 2006 that i suspect you also have in a file somewhere and that was -- >> i keep it closer by than in a file. constant reminder. >> yes.

so i've seen those things and we will continue to be very vigilant in the prosecution of all forms of voter intimidation. as you know we share that responsibility with the criminal division and we coordinate very closely with the criminal division. we have jurisdiction over intimidation that has a civil rights dimension and they have jurisdiction over actually a broader array of statutes relating to intimidation but we communicate very well together and we will continue to ensure that is a top priority. >> my request is if you believe you need stronger tools please let us know. as you know, president obama was in the senate he authored a bill i cosponsored that dealt with this subject. and the committee approved it. if you believe you do not have adequate or broad enough powers please let us know. >> i certainly will. >> senator sessions? >> thank you mr. chairman. good morning sir. >> mr. perez i like your enthusiasm. i liked your experience.

and i liked the idea that i think i hear you say you worked closely with your prosecutors and involved in the cases yourself and therefore you're responsible to answer and make decisions that set good policy for the department. you know, i'm a strong believer that many people are discriminated against and unfairly handled with regard to big items like homes and end up paying a lot more interest on and they may not have realized as you just how significant that is. how every month they may be paying another 50, 60, 100 dollars they don't have really that could be avoided. so i think these are good and i had, spent a lot of time having meetings over my state and with housing people to make sure that our

african american community particularly took advantage of the housing opportunities the federal government had provided the hope bill and other things and i believe strongly in that. but i was i guess i could be criticized for being unaware perhaps they were making loans to some people who couldn't afford them or that the backgrounds weren't being done sufficiently to make good loans. it doesn't help a poor person to encourage them to make a loan that they can't reasonably be expected to pay back. and that -- so it's difficult issue but certainly appreciate your work against the red lining and things that were clearly discriminatory and some of those things still remain discriminatory today. ask you've been a krit --

and you've ban critic of politicizing department and i think you should take care to make sure you do not. it was reported in the media that a political apoint tee in your division assembled an entire voting section for brown bag lunch in november of '09 and announced that the obama administration had "no interest in enforcing section 8 of the national voter registration act or the motor voter law. section 8 best the -- vests the attorney general with power to ensure states are complying with section 8 and removing dead and duplicate voters from the rolls. if you have ix sessive -- excessive number of names on the rolls of people who are deceased or moved away. much easier to slip in and have someone vote in that person's name. it creates a risk. political appointee reportedly said section 8 "has nothing to do with increasing

turnout of minority voters". so there is no interest in enforcing that law. have you heard that? >> i have not actually senator and what's interesting about that is that we're actually right in the middle of preparing r guidance because we can't simply, i'm a firm believeer that the way to ensure full enforcement of our laws is through some litigation activity but second any cal as is tans and other guidance werm in the middle of preparing guidance on section 7 of motor voters section 8, section 5. because we want to make sure -- >> section 8. did this employee make such a statement? >> i am unaware of that. >> reported in the media. will you check and see. >> i certainly will. >> that's against your view is that correct? >> i sh share with you our section 8 guidance when it is released and i anticipate it will be released in the near future because as i've

said many timents our job is to enforce the law. all of the laws and we will indeed enforce section 7 and 8. >> i just want to ask a question. do you think it is inappropriate that this individual in the report i believe it is supposed to be julie fernandez had said that the obama administration "had no interest in enforcing section 8". >> i'm quite confident senator given the conversations i've had with julie she's preparing the guidance and helping prepare the guidance i'm county dent you're going to see aggressive statement of what state cans do and what state shouldn't do in the voter purging context of section 8. so i think our actions will speak for themselves. >> have your administration brought any lawsuits to ensure that these rolls are, remove the dead and dubly voters? >> -- duplicate voters? >> the guidance we're trying to bring right now is

intended to prevent problems from occurring because we have heard situations where there have been improper purging of voter rolls. so then people who can -- >> oh, so you're concerned about improper purging. i've seen that hap frn the department of justice quite a lot. why would you do, you have any proof that these people vak chilly remove -- have actually removed people improperly or with -- >> no, sir the way i've approached this is whether it's section 4, section 5, section 7, section 8, we need to have transparent guidance state authorities to make sure they know what the rules of engagement are. so we're treating section 8 enforcement exactly how we're treating every other section which is to make sure we have transparent guidance that we get feedback from states when we put the guidance out so that they will understand what the rules of engagement are and again i'll be glad to share with you that guidance when it comes in. >> if you're finished. >> yes, sir.

>> i'd like to follow up and just remind you that this congress is part of the legislation insisted that rolls be cleaned up. you understand that? >> yes, sir. and we're committed to the enforcement of that. >> i'm aware having been familiar with the department of justice for the last 20 years that department of justice has had more emphasis on trying to block efforts to remove from the rolls dead and duplicate names it seems to me than they have in enforcing this section. so my question to you is, will you take action to ensure that communities who have large numbers of people on the rolls that shouldn't be there remove those from the rolls? >> we will make sure it is done properly, yes, sir. >> and you will enforce section 8? >> yes, sir. >> you've repeatedly given

speeches proclaiming the civil rights division is back open for business or that the voting booth is once again being protected yet in the 15 months since the inauguration the voting rights section according to information i have has brought only four cases in that time period and dismissed another that's against the black panther party for voter intimidation that infamous case. three of those four cases were initiated during the bush administration. spanish taxings spanish language ballot 203 enforcement. lake park florida. vote dilution. riverside, california. spanish language ballots enforce. i don't think it fair to say the previous administration shut down civil rights enforcement and i reject that. i believe that's an overstatement and i believe it's in danger of politicizing your office. frankly.

now, what about the uniformed and overseas citizens absentee voting rights act cases? civil rights division i guess now will be implementing the new provisions of the recently passed move act which was intended to secure voting for over 25% of military overseas voters who were unable to cast a ballot in 2008. that's certainly we should take every effort to make those who are serving us abroad have an opportunity to vote and don't lose their vote because they've been deployed. so first your voting section have any attorneys with military experience and are they experienced being used

in the implementation of the move act and understand that the voting section has only four terns -- attorneys that are participating in monitoring this and in compliance with it. and you noted i understand you'll be hiring a lot of attorneys on redistricting in the future. but do you have enough attorneys in this section to enforce these laws? >> absolutely. i'm very confident in our complement of people working on the move act. working to enforce that. we've just got a very good verdict. i think it was in virginia in a case. we aggressively enforceed that and we will continue to do so and we, i appreciate the leadership of senator schumer and others in the passage of the move act. as you know that was a bipart bill and -- bipartisan bill and we will fully and aggressively enforcement -- enforce it and i look forward to doing so.

>> election is coming up in november. >> absolutely. >> we don't want to have another election with 25% of our military not able to vote. >> i agree with you sir. on this new plaque party panther case -- black party panther case dismissal, you told the house judiciary committee when you testified that the maximum menl -- penalty was sought in that case. but the question was, was it obtained? can you compare the remedy sought in the original complaints with the remedy actually obtained in the unjunction? isn't it true that the come sought a person innocent -- complaint sought a permanent injunction against all four defendants and the ultimate injunction was only for a few years and against just one defendant. what -- >> sure. >> i'd like to start out you indicated in your opening statement that we had

erected a steel barrier and i simply want to point out for the record senator we've provide over 4,000 pages of documents to the civil rights commission in response that their quest. in addition i've offered to come to the commission and i will in fact be coming over there in a few weeks to testify on that. so with all due respect senator i wouldn't call that a steel barrier. with respect to your question about -- >> what about the people who make the decisions in the case? >> well, senator involved in it and had dits cushions -- discussions with other member of the department and political appointees above them who didn't afree with the dismissal of the case in this fashion. are you going toe in the front office and made the decision. people with over 60 years of experience actually came to the hill and briefed congressman wolf at his request and so they did come to the hill. as you know in connection with your services u.s. attorney there's a

long-standing department position that was applied in republican and democratic administrations that front line trial attorneys are not brought before committees because we want to make sure they have the ability to make their decisions and not be looking over their shoulder wondering whether they will be called to testify. >> may be unusual, it may be something i'm not fully comfortable with. powers we give to quasi independent agencies but civil rights commission has the right to, issue subpoenas and they've issued a subpoena to the department of justice to have employees testify about this case to my knowledge you've either not responded or not, or haven't, or maybe opposed it. what's your view? >> we did respond senator and the two regulations that have been in place i think since the mid 50s apply in this situation as well and

as part of our response again we've offered and submitted over 4,000 pages of documents i'll note parenthetically you're getting those as well and in application of the regulation we've directed and the civil division handles off of these requests of this nature and they inform people the front line trial attorneys are not going to be produced because they are -- you're asserting that you don't have to comply with subpoenas from the u.s. civil rights commission on civil rights? >> we are applying the regulation -- the regulation pertains to a supreme court case that involved when front line trial attorneys are subpoenaed to talk about case related decisions that they made. there's a certain process that must be followed and to the extent that there are

questions that a body whether it's this committee or a civil rights commission is seeking to ask about the deliberative process. there is a privilege that has been asserted by democratic and republican administrations for dekateds and that is the privilege that is being asserted again here and that is why i have offered to come up and they have accepted that offer. >> you had certain attorneys come and proinformation to the congress -- provide information to the congress. but not certain attorneys from my understanding is, were involved in the handling of this case. i am right about that? >> the acting assistant attorney general for civil rights and the acting deputy assistant attorney general for civil rights came up. the front line trial attorneys did not as is the case in republican and

democratic administrations for decades. i know when i served in the thornburgh department of justice that was the policy then and it has been pretty consistent in my experience. >> well, i think that's a good policy generally but the question is what about the united states commission on civil rights? they are set up to ensure that civil rights is enforced and they've been given subpoena powers and aparently they'd like to talk to the people who actually tried the case. and i understand your testimony to be the department of justice is resisting allowing those people to ri respond -- to respond to the u.s. commission on thifl f civil rights. >> the authority of the civil rights commission as i understand it does not exceed the authority of the united states senate. and so we have spent considerable time attempting to work with the commission. that's why we've provided the 4,000 pages of

documents. that's why i have offered to come up. i have great respect for the institution of the civil rights commission and that's one reason why i'm more than willing to come up and explain why we reached the decision that we reached. but as you know senator that is why we have political leadership in place to come up and explain those things and we're treating the civil rights commission with great respect. we applied the same principles to them that we would apply to any request we would get from the commission. >> still remains concerned about how that case was handled and i don't think they're going to be resolved unless the people actually involved in it allowed to testify or the give evidence and that's just the way it is going to be i suppose. do you have, when we dealt with hate crimes legislation i think the fbi statistics showed a slight decline in hate crime cases.

have they gone up in recent months or what numbers are you facing? >> if you look at the hate crimes against latinos for instance have gone up i think four years in a row. we now have seen a significant we have a threats case that we've indicted in new jersey. >> where do you get the numbers? >> hate crimes the fbi data and law center has data targeting and tracking hate crimes and as you know we all acknowledge -- >> shows there has been an increase? >> i know in the context of latino -- >> well, i'm asking overall. >> i'll get the precise figures. >> if i'm understanding your testimony mr. perez was hate crimes were up. i think you should be accurate if they're not up one category could be up and needs attention. but -- >> here's what i will do senator i'll get you the day

the sources we have fbi. southern center the anti-defamation league all of the sources that collect that data. i will also get you the data on the hate crimes prosecution that that we have done and what you see in the cases that have been brought is that there have been indeed significant rise in the number of cases. when i us -- was deputy chief in the criminal section in 1996 we handled somewhere in the vicinity of about 50 cases. a decade later there were about a dozen cases that were prosecuted. wet get to those. >>. the federal government is doing a more aggressive job of prosecuting and identifying these cases i would hope and pray that the amount of hate crimes is down and not up. my understanding is that the fbi numbers don't show that. i assume they're the most authoritative. i could be wrong we'll look at. that thank you very much and i appreciate this. mr. chairman i do have a

very important armed services committee meeting i have to slip out. >> certainly understand. that's why we -- >> you allowed me to go. >> thank you senator for coming and when i get you the data on section 8 i'll also get you the information on the current section 8 case that we act chill hi have going on -- actually have going on and i'll make sure you know about that. thank you for your time. >> i just would point out that the southern poverty law center has supplied information to this committee that shows an increase in hate crime activities. we would also point out many local jurisdictions do not provide the fbi with information. .. do not provide the fbi with information. i have tried to work with members of the committee to increase debt -- to increase the amount of the information made available to the fbi so that we have more reliable and permission on a crime activities, and have met resistance from the republicans on this committee to get that information to the fbi. let me also point out, in the

conversations i have had with local law enforcement officials, and with local advocacy groups, there is no question that there is an alarming increase in hate crime activity in this country. that is something i think has been well documented and a knowledge as far as the problems being confronted by law- enforcement around this country. senator franken. >> bros is -- thank you. i apologize. i was in ayaan just got here and when the ranking member was -- i had 16 minutes. i'm joking. [laughter] i know he had to leave. last month your division settled a case called jlv mohawk school district and mentioned in your

written testimony and probably oral testimony involved a 14-year-old student from upstate new york. the student is gay because he is gay his classmates distort his clothes, phone, music player. one student mocked him out a flight of stairs and another brought a knife to school and threatened to kill him and his parents complain to the school officials the school principal told him, quote, boies will be boy is. you supported the lawsuit against the school and helped to broker a settlement. unfortunately this case is hardly unique. a similar case came up in my state. discrimination and harassment is a fact of life for lesbian, gay, bisexual and trans gender students across the country yet

there is no explicit protection in federal law that bars discrimination and harassment against students in public schools. what do you think of this? do we need an export ban against discrimination in public schools based on sexual orientation or gender identity? >> thank you for the question, senator. i was in seattle two weeks ago and went to middle school. it's part of an antibullying campaign and i told the students the following. today's bullies are tomorrow's civil rights defendants all too frequently and i know that because i've prosecuted high school students for her if it acts of hate crimes and so i am a firm believer we need to start earlier on and i am very -- and prevention efforts and i am very proud of the work we did in the

mohawk county case because on till we intervened in that case the case was languishing at the federal government can make a difference. i have a 13, 11, and seven year old and when they go to school i have a right to know they are going to be safe in school. we use the title mine theory of the gender nonconformity and we are able to bring the case under title ix. it's not the first time we've brought a case involving similar circumstances using title ix. we did another one was in my first tour of duty in the clinton administration working with the education section and we will continue to monitor those and i would be happy to work with you on the underlying issue of ensuring that everybody going to school can have the reality of the learning environment that is nurturing, nondiscriminatory -- >> don't we have explicit laws

against bullying people? >> depending on the facts and circumstances of the case there may be a local state to laws or potentially our federal civil rights law ways and again, we have had cases before involving racially motivated violence committed by school age kids. often times it has been our or some of school and churches. >> i'm talking about bullying. right now title mine covers sex discrimination while some circuits have interpreted that to include discrimination on the basis of sex stereotypes not one has found that to include discrimination on the basis of sexual orientation.

>> that is correct. the fury was a theory of gender nonconformity which is a form of sex discrimination. it wasn't a theory of discrimination based on somebody's -- the fact that somebody is gay. >> i'd like to work with you on this. speed nagareda be happy to. >> -- an explicit protections for folks that are lesbian, gay, bisexual and transgendered for kids. it is a very real thing that there is bleeding in school. let's turn to a couple other matters. as you know the u.s. commission on civil rights as founded by president eisenhower to promote

civil rights that may sound self-evident but let me list some of the recent actions by the commission and commission members. they include one testifying against the reauthorization of the voting rights act to oppose by majority the matthew shepard hate crimes act and the number three, issuing a report questioning the academic and social benefits of school diversity. that's the u.s. commission on civil rights. i know you don't have the authority or jurisdiction over the commission but as the nation's chief law enforcement officer for several rights, can you tell me what is happening here and i would also like for you to talk with the voting rights act has been authorized in the hate crimes act and are

those pieces of legislation central to your mission? >> absolutely central to our mission and we have in the voting context we are feverishly preparing for redistricting. senator sessions mentioned voting cases that i look forward to getting him the full panoply of the voting cases we are working on including a section viii case and section to and you could ohio a victory recently in the new york state case and another case in shannon county south dakota, which is in the in country, making sure people with limited english proficiency can access the balad so i'm proud of the work we've done and i look forward to ensuring senator sessions has a full list of the cases that we are working on in the obama administration. on also have respect for the

civil rights commission. i had the privilege during the transition of overseeing the obama transition of all of the agencies that have a robust civil rights presence, larger agencies such as the department of justice from hhs, hud, smaller agencies, the eeoc in the civil rights commission. and i actually got a history lesson on the history of the civil rights commission and the creation. civil rights has always been bipartisan. i learned that from senator kennedy and you look it all of the major pieces of the civil rights legislation and they've been a function of bipartisan work. i look forward to the 20th anniversary of a bill signed by george herbert walker bush. i have profound respect for the tradition and history of the civil rights commission and that is why when they asked me to come over recently to talk about

the work in the blank to the two black panther case i supply will be over there in a few weeks to discuss actions there and i hope we can reach a point where we can return to our bipartisan routes because civil rights is about bipartisan coalition building. that is what i learned from the movement and i studied the history of the movement. that is what it is and i hope it will return to. >> thank you. >> the senator went 16 seconds over his allotted time. >> dalia synnott the ranking member. [laughter] >> that was my fault, senator. >> let me first say to mr. perez that you're being very diplomatic on the civil rights and dalia understand door position as the test of fallujah before us. i think that senator franken is correct in the matter is

presented that. i am dustin to the tradition of the civil rights commission but it is an important institution and one that should be in the forefront of efficacy for the civil rights of all americans and looking at its recent actions it calls into question whether it is carrying out its intended responsibility. that is our responsibility to oversight that commission and it is an issue of great concern to me. and i know of this committee and i thank senator franken for the matter he presented his question and i just underscore the point that in the new black panther party case it was the attorneys who made the judgment as it should have been. and i applaud you for trying to again keep this out of the political arena and i wish you well and your appearance before the commission. we will be watching that

carefully. i want to go back to senator sessions on the enforcement of section 8. let me just make an observation if i might. i certainly agree with senator sessions anyone who should be taken off the role, if someone has moved they should be taken off the role it should be accurate. i certainly agree with that. but i can tell you laughter every e election i get more complaints about people who are eligible to vote and were inappropriately taken off of a role and showed up and had the ballot or the officials didn't know how to handle a provisional balad or whatever and they were harassed to such a point they just left because of the time problems they have been voting. and i do check with local law enforcement to see how many matters because in every election there's always accusations people fraudulently voted and then we take a look at

it and we don't find it and there's a lot of studies done and there's a lot of the voting miniscule compared to those who try to vote either can't vote or their votes don't get counted properly. i am for senator sessions planned. i want all of the laws and forced. don't get me wrong. but i would hope we would try to be in power in people to vote for eligible to vote and spending our resources to do that and not try to spend a lot of effort with a problem there really does not exist or if it exists in such a minor way that we said be very surgical astor how we go about it. i think there are many who share my view on that and i didn't want senator sections comments to go without being responded to. >> senator, when you ask me a fair lending question i said that consumer protection and

preserving a sound lending climate of hand-in-hand there's a tendency to create this unhealthy binary world where you either do one or the other when you should be giving both. similarly, we can combat voter fraud and insure access, full access to the ballot. those are not mutually exclusive propositions and that is what we are doing. there is a right way and wrong way to enforce the section 8 and we are providing the guidance of the states to the right way. similarly preparing the guidance so the states enforce section 7 because frankly we have received numerous reports about motor vehicle agencies, social service agencies that are not doing their job of providing those materials and so we need to be vigilant across-the-board. >> i want to ask one additional question senator frank and has a second time. i want to do with the homestead

case dealing with people with disabilities was an expansion by the supreme court of the interpretation in title to of before the second interception. 2-1, philadelphia, at home. >> 28 and now retired. ochoa has announced her retirement from golf, she wants to concentrate on her family. the impact of her retirement. >> i was as surprised as anyone else, that she took this time, in her life, and career to retire, not surprised that it was going to happen, in the future, but not this year. she is very much a family person. that's when she's happiest. she's a newlywed. great time in her life. very, very involved in our country of mexico, and charity work. and she made a choice that's more important than winning golf

tournaments. leg gay is special, first player from mexico to be number 1, in this sport. she's been fabulous. very special person, great short run. i don't know if she ever comes back. she might, has inspired a lot of players. >> it was a brief career. >> a mainstay, in the cincinnati rotation, gets banned for 50 games, hear his explanation for breaking the drug policy. the commissioner, sounds off about a tweak in the nfl about a tweak in the nfl schedule, that affects, weekgeoo see me sir? boss: come on in, i had some other things

you can tell people about geico - great claims service and a 97% customer satisfaction rate. show people really trust us. gecko: yeah right, that makes sense. boss: trust is key when talking about geico. you gotta feel it. why don't you and i practice that with a little exercise where i fall backwards and you catch me. gecko: uh no sir, honestly... uh...i don't think...uh... boss: no, no. we can do this. gecko: oh dear. vo: geico. fifteen minutes could save you 15% or more on car insurance. [ grunting, shouting ] [ grunts ] [ man ] mike, come on! mike, you're playing like betty white out there. that's not what your girlfriend says. whoa! whoa! baby, come here! eat a snickers. better? [ male announcer ] you're not you when you're hungry. better. [ male announcer ] snickers satisfies.

>> steve bunin, back with ducis rodgers. m.l.b. sus "espnewss" volquez, 50 games for testing positive for drugs. he said it was for infertivety medicine. >> he was on the dl, so he won't miss anytime. >> baseball has nixed its suspension of cliff lee, injuries, not intent, explain

him nearly hitting a batter this spring. >> colorado, up 10-2, in washington. sad day for the rockies, their team president, died in a hotel. don't suspect foul play. trying to win one in honor of him. and brewers clobbering, the pirates. phillies, utley, scored early. >> boston, putting ellsbury, and cameron, on the dl.

>> he has an abdominal strain and, could be out, well into may >> they were put on the dl. they called up, josh redick. two-run double, for the red sox. rangers have tied a franchise record with 8 stolen-bases on the red sox. martinez, is the catcher, for boston. bluejays lead the royals, 4-3, . >> ♪ >> a lot of anticipation, drama, and storylines, when the

schedule is released. week 17, just divisional games, in an attempt to avoid the meaningless games. >> we have 28, as opposed to, i believe it was 15 last year. so, 16 of the final 17 will be divisional games. we'll see what the impact is, as we go through the next season. we think that's a positive development, in keeping the integrity of the game. >> some of the monday night matchups -- two of them, in week one.

>> in a down year for running-backs, spiller's speed may be enough to make him the top tailback. he didn't crack 1,000 yards, until his senior season. but, scouts believe, as a sprinter, if he can excel in the video room, he can light it up, on sunday. no better way, than by throwing him into our fire, with jon gruden. >> you know, people use that all purpose back term, i'm an all purpose back, if you can pass protect, and catch, and return, and run, that's an all purpose back. we all know you're a great talent, and a heck of a guy. but, blitz period -- there. >> this is where i prove my worth to my team. >> the blitz pickup. >> have you ever seen the ravens

on defense? >> i know they blitz. >> you know what i call ray lewis? the master of disaster. he can't wait to blitz your ass, i'm telling you. he can't wait. >> now, this was the sprint protection. >> pinned the edge. >> what i love, you're willing to do it. that's what i like right there. >> that's what it comes down to, willingness to hit another guy. >> did you get hurt in this game? >> no, just a little throwup. >> oh, you're throwing up. >> no, i think it's more than that. >> you're limping. >> shoe off, ankle stepped on. >> are you one of those guys, are you hurt a lot? >> no, i ain't hurt. >> look at you here. what's this? coming off the field again? >> i'm just going -- >> it was the toe. >> toe. >> toe. okay. all right. >> i tell you what i know,

you're out of the game. he's out of the game. he has a toe. he got the wind knocked out of him. that's when all the girls come out on the other team. spiller is out of the game. >> no. no. >> they saw you come out of the game. >> spiller is out of the game. [laughter] >> we're going to win. >> get back in the game, cj. >> only missed one game. >> you'll have to be the toughest guy to be the best of all time. >> that's no problem. >> i told you that. >> what about catching the football? >> just natural. >> show a few routes you like to run. >> what do you call that? >> lakers hot. scat. >> let me know, i'm going to try to -- he can do that, or, he can -- my job, is to uncover

this guy. if the linebacker is sitting in there, dish it out there. >> is this the scat right? >> yes. right there. >> here's what i'm talking about, your sideline demeanor. you like that, right there. >> you like that purple uniform. quicker. [laughter] >> green shoes. [laughter] >> oh, man, that's down right nasty. >> i'm just rolling. two seams. that's awesome. god, is that fun to watch. does that feel good? >> that feels great. two seams. oh, boy. >> that is awesome. >> this is a great job by you, settling near the sidelines, watch this open air quickness. boy, that's sweet. >> does that feel good? >> that felt great. >> i'm trying to sell to you, get excited about the little

things. about your chips. get excited about your check downs. get excited. >> you heard that song, i'm so excited. >> ♪ >> i ain't heard that one. >> i'm going to listen to it. >> pointer sisters. look it up. >> write it down. >> pointer sisters. i'm so excited. >> ♪ >> classic, we love it. schooling the young ones, in music as well. >> ♪ >> ♪ still to come, ben roethlisberger situation, has prompted a change for the steelers, hear the new tomlin

policy. >> no law that says they can't get back together. latest on mcnabb's courtship of [ man ] hey, come on here.

[ sighs ] [ man ] i got it. check that one out. [ woman ] check it out. what's he doing? [ engine rumbling ] [ ice crackling ] ♪ whoo-hoo! ♪ [ male announcer ] at the end of a long, hot day, catch the silver bullet. frost brewed coors light. the world's most refreshing beer.

>> welcome to orioles baseball. this o's extra. orioles at safeco game tonight. here is the pitching match up. right-hander david hernandez goes to the birds looking forrist first win of the year. opposed by jason vargas who was off to a 1-1 start for the mariners. controls look to bounce back after losing one last night. following the game last night, a roster move was made as bergesen has been optioned back to triplele a northbrook and capacity owe goes into the

bullpen. bergesen 54 pitches. he threw 27 strikes and 27 balls. that is not brad bergesen. that shows me a guy who really has to find that competence again. >> he does, jim. this winter when he hurt his shoulder there has been something about his delivery and release point. a guy like him is not ever going to be overpowering. but when he depends on his sink ball and it's going down in the strike zone, a lot of times he can't get his arm up to that level. everything is coming up for the hitters. it tells me maybe there is not an injury in his shoulder, but there could possibly be a weakness in his shoulder because that's the only thing i can see about him. the guy has great command of his fastball and his slider when he wants to use it. so i hope when he goes down to triple-a he doesn't try to throw harder and get his velocity back again because he could hurt himself a lot. i hope they keep a close eye on him. we need him. he is an awesome pitcher.

>> he seemed to throw so many more sliders than he normally does. the mariners hitters were laying off. all of a sudden he was getting into the hitter's count. he is heading down to triple-a norfolk. let's head out to safeco field. jim, dave trembley made it clear he does not believe brad bergesen is suffering from a lack of confidence. ic stead, it's a mechanical issue. and to reiterate, he told bergesen of a story back in 2001 when he saw a very talented young pitcher come down from the majors all the way down to the florida state league to figure out his mechanics. >> his name was holiday. he had to get himself straightened out. he is the best pitcher in baseball right now.

bergesen was without a doubt our best starter last year. more quality starts than anybody on the club. threw strikes. he was a groundball pitcher. he has gotten away from his strength. i believe it's a mechanical thing. he was close last night. once we kicked the double play ball, then, you know, he tried to do it all himself. threw away too many breaking pitches. he'll go down and get it pigged out in triple-a and get back here. >> you can see brad bergesen's stats for this year, 0-1. the e.r.a. way higher than it needs to be. the orioles have confidence el go to the minor leagues, figure it out and be back up very soon. as for who will fill in for bergesen in the rotation, they will not need a fifth starter until may 1st. that's because of the days off from now until then. last night andy mcfill said that starter could be brad

bergesen. by that time he will have one or two starts in the minor league. they hope he figures it out and comes back and soon, gym. >> so the coincidence of the demotion comes at a time when the rest of the rotation can stay on turn and the next time that turn comes up, which could be brad bergesen, is may 1st. you are talking about hernandez because he is pitching tonight. the other three having two starts each. but meantime, with brad bergesen going, that means more roster turn over. this has been something happening since the beginning of the year. already from the opening day roster, brian roberts,maker gonzalez and felix pie, they are on the disabled list. brad bergesen optioned at triple-a. of course, the orioles are still waiting for

the coach to work back from the hamstring injury. let's get a look at the web poll question of the day. every day get on line masnsports.com and answer our question. tonight is which injury is hurting the orioles' lineup the most? roberts, pie, not having mike gonzalez the closer or co gee noting being able to pitch. it's time now for the spotlight brought to you by just for men mustache and beard. ty wigginton has the edge tonight. this season the number two hitter in the lineup is batting at .305. that is the fourth best in the american league, in part because of the recent surge of ty wigginton. so just as ty gives the orioles the edge, you, too, can keep your edge with just for men mustache and beard. >> the orioles are trying to bounce back after a tough one last night. we will look back at last night's game as o's

[ male announcer ] looking for a price that starts low and stays low? look no further than fios. now pay just $99.99 a month for verizon fios tv, america's top-rated internet, and phone guaranteed for 2 years. that's fios price protection, and it saves you hundreds of dollars. fios delivers the best channel lineup and the peace of mind that comes with paying the same low price every month. call 1.888.get.fios now to lock in $99.99 with a 2-year agreement. a price guaranteed for 2 years. we'll even include a free dvr for 6 months. call the verizon center for customers with disabilities at 800-974-6006 tty/v.

ncr vo: with the new er for customers with disabilities anncr vo: ...you can get help gwith a flat tire.... anncr vo: ...find a nearby tow truck or gas station... anncr vo: ...call emergency services... anncr vo: ...collect accident information. anncr vo: or just watch some fun videos. anncr vo: it's so easy, a caveman can do it. caveman: unbelievable... caveman: where's my coat? it was suede with the fringe. vo: download the glovebox app free at geico.com.

>> the orioles have agreed to terms on a minor league contract with former oriole cory paterson. the head to extended spring training. this adds some depth to the orioles system. an outstanding center fielder. he can play the corners if needed. the orioles signed him. they hope he can get ready and if needed help the club. ty wigginton continues to hit. he has four hits on the road trip and three of those are home runs. he also was involved in a big play last night defensively. following the game, amber spoke with ty. >> did you feel that was the turn in the road, you feel like it turned back today? >> i wouldn't go that drastic with it. you know, they got through a great game. it was the first time we'd ever

seen him. and, you know, he was ahead of us on our adjustments tonight. and you have to tip your hat to him. >> what was he doing well? >> he had a lot of movement on his fastball and he mixed in enough speed to go with it. any time you run into a guy doing that, he is moving the ball around, a lot of sinker balls have a tendsy to go to one side of the plate. he was doing both. >> when do you get nervous that you might get no hit? is there an inning when you start worrying about it? >> the ninth inning with two outs. you have to believe. somebody will get up there and get a knock. you know, nick was the man tonight. >> that error, that kind of led -- i know bruce was struggling. how tough was it? >> absolutely, it's tough. off the bat, i got to where i needed to get and the ball hit the lip and austin stayed down. you know, it's playing through it. i maybe forced my hands down a

little bit and booted it. >> well, it was the big play in the seven-run 3rd inning. rick dempsey's pet pave is, well, you like to have more innings when you are winning. so far the orioles have allowed seven of these multi-run innings. so five times this year the birds have allowed a three-run inning. they have also allowed a five- run inning and last night a seven-run inning. orioles have three of these crooked run innings on the year. as a pitching staff, that's something that you really need to avoid, is if you are going to allow the other team to score they have to earn it by chipping away. not all at once. >> the defense has to be strong all the time. especially when you get behind a guy like bergesen who throws a lot of groundball. you have to be strong. the same thing with brian madison. they are more sinker ball and get more groundball than the

other guys. you have to be almost flawless the way things are going. >> it's amazing how that inning evolved last night because even after the double that allowed a runner on and back-to-back walks, if wigginton makes that play, bergesen is out of the inning and it's only 1-0. you have to give credit to seattle they came through. when the pressure was on, they came through. it can turn like that. when you look back at it, the two walks really did in bergesen. >> they did. it's not bergesen like to walk anybody. he throws the ball over the plate, you know, almost 72% of the time. he is always making the hitters swing. they know to look for strikes. it's not just the able to hit him when he stays on top of that sinkers. not many people will try to bunt on him. you have to play solid defense. this is the orioles, they are a little out of whack with wigginton at 3rd base and no 2nd baseman for brian roberts. you are not going to replace his defense. you have to play a good solid

defensive ballgame out there. >> the major league pam family suffered a timely loss as kelley mcgregor passed away. bud selig issued a statement. i am very saddened by the sudden and unexpected passing as kelley mcgregor. he was one of our game's rising young stars. he was a great athlete and equally great as a baseball administrator. he was also a great human being. all of baseball will miss him. i offer my condolences and deepest sympathies to his family, friends, and rockies ball club.

bergesen. only on verizon.

>> the bird in seattle tonight. safeco field. it's the middle game of this three-game series. here is the lineup tonight. adam jones and ty wigginton once again will bat send.

how about the surge that wigginton is on? he has hit the orioles' last three home runs and five of the seven home runs last home run runs hit have been by wigginton. markakis, reimold and wieters catching and cesar izturis. and, oh, mr. analyst what is going on with wieters? he is turning into rick dell dempsey at the plate. >> well, you know what? everybody knows what matt wheaters is capable of doing. he came out of the triple-a ball. he drives in 43 runs and he game to the big leagues looking like a veteran hitter. power from both sides of the plate. you go the opposite way to hit his home runs. he has not learned to look for a pitch and pull it when he wants to. right now they are making adjustments off of him and he is doing a great job adjusting off of them. very tough pitches to hit. he is keeping his hands inside the ball. going the opposite way. taking what they give him right

now. sooner or later, you no, when they have to come with him with men on base, he will be waiting there with power. it's a matter of time. and everybody don't hold your breath because this guy will hit with power sooner or later. >> the catchers and pitchers leading in the league, the last 12 base hits by matt wieters have all been singles of his 14 hits on the year. kotchman beginning to used to his new home field. 4-12 average. of course, the guy you got to watch for this line up accept for ichiro suzuki is shaun figgins. suzuki is a cadillac the way he hits. shaun figgins, a the orioles

have to stop throwing him fastball. we have regenerated this guy from almost getting sent back to the minor leagues. throw him the breaking ball, the slider and everything. only throw him the fastball when you are behind in the count if you absolutely have to. this is a guy we need to keep off bases an keep from scoring because they have won every game he has scored insofar this year. >> he started leadoff with the angels. he is batting second because of suzuki. when figgins scored given last season, his team has gone 66- 21. when he doesn't score, 36 and 49. these are comparable numbers. the importance roberts brings to the orioles' lineup, figgins mr. brings to seattle. >> it's a reason why everybody picked seattle to win that division this year because ichiro needed some help e couldn't do it all by himself. he gave them a second weapon to go to.

he will steal a lot of bases. he is a very smart baserunner. he is a guy always on base. that on-base percentage is what the big boys need. they have to have somebody to drive in. he is always there. >> david hernandez will make the start for the orioles tonight. he has not won a game since august the 11th of last year. it's been a long time. he has been underappreciated sometimes by his hitters. they haven't scored for him. on the year he is 0-2. what do you see for him tonight? >> it's hard to win a game when you don't get any runs at all. this kid just has to keep his mind set on what he has been doing most of the team. ef keeps the ball down. he is such a good pitch churr with men in supporting position. unbelievely low batting average on most of the hitters. when he gets in trouble he knows how to turn the dial up. he needs to be a little more consistent. if they with help him with run support, he could be creative. he is pitching by the book right now and doing some things he is not capable of doing.

instead of being able to relax with runs out there, he cannot make a mistake. >> he hasn't won in 11 starts. they are also not scoring for him. the longest consecutive starting streak with zero, mcgreger had five of those in '82, and david hernandez, it goes back to his last start last year on sent the 30th. and his first two this year when he has been on the mound, the orioles have not scored a run. i agree with you. if they don't score, you are not going to win. so the orioles are hoping to break out of that tonight. meantime, jason vargas is on the mound for seattle tonight, the left-hander. and he loves, as it seems every pitcher does, pitching at safeco field. last year e.r.a. 2.77. he has had two starts. he lost on the road against texas and he won at home. what do you like about him. >> i like most about him the

way he pitches in seattle. you just saw the numbers right there. he is a left-hander. a finesser. he will change speeds to get those groundball. he will throw you the fastball up. and when you are looking for off speed stuff in that 88, 89- mile on hour fastball looks like it's 95. he changes speeds well. he is one of those typical left- handers that this league is coming up with now. all of them them really know the value of off speed pitches. and he is one guy. look at the e.r.a. while he is at home. 3.0 so far this year. last year 2-point #. this guy feels very comfortable in nothing but pitcher's ballpark in seattle. >> through the games completed yesterday, consecutive starts allowing three earned runs or less, indianups, cardinals and padres seven in a row and seattle six in a row. seattle now 7-7 on the year off this pitching surge on their current homestand. when we come back, amber will

visit with jason birken who is pitching very very well in a relief for the birds. [ cellphone rings ] [ katie ] hey.

hey katie. how are you? [ katie ] should i get a perm? oh, that's an interesting question... [ katie ] she's always talking over me in meetings. i mean it's just so rude. mm-hmm. when did you video me dancing? [ katie ] posting it. do not post this! i'm not gonna grow a beard because then i'll look ridicu-- ah! where am i? by the way, katie. tillamook is beautiful this time of year. [ katie ] oh, really? we should go camping out there. [ male announcer ] at&t 3g -- talk and surf at the same time.

this mother's day, get 50% off all messaging phones after mail-in rebate like the pantech reveal. only from at&t. . >> well, jason berken has been on a role. his e.r.a. is 0.96. nine in the 3rd inning. one run, one walk, and eight strikeouts. he found a home in the bullpen and amber is with the orioles' right-hander. >> jason, the bullpen wants to col in when their job to put zeros on the board. unfortunately, this bullpen has not had the opportunity. does the mentality change regardless of what the score is? >> for me it hasn't. the focus has to be go in there, whatever the score is keep it there. last couple times out, we haven't been out. but my mind set doesn't change if we are up or down by ten. it's important to stay focused.

>> your last two outings eight in the third innings pitched and you gave up one earned run. this is a different role for you. long relief. you were starting last year. do you like this role? you are succeeding at it. >> so far it's good. i think the biggest thing for me it to come to the park every day thinking i have a chance to pitch. the guys in the pen have done an excellent job helping me. i just got to keep to going. >> you said when your pitchers were down, you pitch better. >> yes, if i miss, i miss down. last year i had a tendency to miss in the thigh area, belt area, so far this area i have missed down. my breaking basketball, fastball has been done. >> mentality in the bullpen when you are a starter, you get to go into a game with a game plan. but in the bullpen do you like that little bit of spontaneity?

>> yeah, it's nice. you don't have too much time to think about it or analyze your pitches when you go in. just get ready, get hot. before you know it ur in the game. it's been exciting so far. >> the orioles bullpen collectively has pitched pretty well on this road trip. they have walked seven, struck out 12, and no home runs allowed. so that adds up to a 2.46 e.r.a. 0-1 that was the blown jim johnson save. that was the game he saved the other day in the win in oakland. i love him in this role. he doesn't have to worry about pacing himself. go in there and throw strikes. i think he has found a home. >> he certainly has. and i would have said last year that i never thought this guy would have a chance to make the ball club out of spring training. but he has shown a difference between the way he pitched last year and this year. he is pitching with a lot of heart. he has done something about his mechanics. he can get the ball down in the strike zone.

he changes his pitches, repertoire very well. he works very half. you saw it right there, throwing a good moving fastball up. down in the zone most of the time. it's a huge difference and i take everything back i said about him because he has really showed me he has a lot of good pitching talent. i have seen a lot of heart out of him this year. >> i love the way he is attacking the strike zone. he goes through the line upagain. he is out there until they go to the next au guy. it's a very important roll on the team. let's get our players to watch. i. >> i have to stick with adam jones. i thought last night he would have a break out game against his own team, seattle. i think he will make up for last night. >> and the owes' extra challenge i'm doing the reverse lock tonight. luke scott is 2-14 on the trip. he is not hitting anything. he still doesn't have a multi- hit game on the year.

i'm going with luke scott because the law of averages plus, i like him in the match up against the left-hander varg. with the lefty lefty hatch up, it takes that change-up away. >> jimmy, you are taking big chances. >> i analyzed it. >> i hope it's a battle. >> you're only up 5-4. >> this is true. i'm trying to keep you in this match. >> when i win, it's because he gives me one. garry northern and gym palm are are next. get this guy some runs, will you, fellows, as david hernandez tries to get his first win since august 11th of last year. there is the right-hander as he goes to the mound. enjoy the game, everybody. thanks for watching. see you on the post game show. don't forget, you are allowed it stay up. we will be here. enjoy. game.

take advantage of every little gap that you get. but if you open up the window a little bit, they will jump on you. so we can't afford to do that. it's the orioles on masn. game two from beautiful seattle in this three game series. the mariners came away from a victory last night. the orioles is one and four. i am gary thorne. one inning last night did the orioles in. it did brad bergesen in and he

got sent down after the game. the orioles have won the last 13 out of the last games. we need production from our lineup. but, folks, production on the american league east does not come easy. with runners in scoring position, tampa bay leads the world. the yankees very respective. the jace, the red sox and the orioles have amazingly low numbers this these situations. the orioles hit .284 last year and were second in the american league. the. >> jim: no, they haven't come easy. if you look at the teams that are number one and two, tampa bay are leading in runs. last year, the orioles were 11th in runs. they were at 284. this year they are playing 260. runs are hard to come by. at the end of the day, if you do the little things right, at least you have a chance to win. but 12 unearned runs and we saw last night that that seventh

inning it did them in. >> gary: david hernandez knows about not getting runs. he hasn't got any this year. >> jim: this his last 27 innings last year, 13 home runs. now, they have a one in his last 11 start. he is 0-8. he has worked on the sinker. you can see the fact there has been no run support whatsoever. it's a great combination, as we talked about brian pitched the other day in oakland. if you are pitching well and they are getting you reasons, you have a chance to win. tonight keep the ball in the ballpark. david hernandez can get his break and the club can give him a little offensive support, they have a chance to win. >> gary: one of the primary candidates is nick markakis. amber had a chance to talk with him earlier today. we will hear that conversation when we come back.

berg

orioles baseball on masn is brought to you by southwest

airlines. go to southwest.com. grab your bag. it's on. and we welcome you back. it has been an overcast, very cool day here in seattle. so they just closed the roof. wind blowing pretty hard during batting practice. that will take some of that wind away from this game tonight. nick mash mark obviously is one of the big bats in this lineup for the orioles. he hit .299 with runners in scoring position last season. he is counted on in that three hole not only to get on, but also drive people in. and if the offense is going to work, he has to. right now just .240. only two rbis, does have hits in six of the last seven, .310 during that time frame. amber had a chance to catch up with him. >> thanks, gary. >> amber: nick, you have 14 games and you have reached base in all 14. not necessarily the average you want, but do you sort of really battle in those at-bats.

>> the most important part is you want to go up there and have good at-bats. it's still early on in the season. you can't press too much. it's only 14 games. biggest thing is have good at- bats. try to get on base any way you can and make something happen. >> amber: you have always done a good job of sort of compartmentalizing your bats. whatever happened the day before, you always seem to come in with a new day. is that something that has helped you in your career? >> yeah, it's a long season. it's 162 games. one day won't make or break it. you have to take it day by day, at bat by at bat. go in with a good approach and look for a good pitch to hit and hit to where it's pitched. >> amber: you lead the team with 11 walks. is that a mentality that, hey, if i am not going to get a hit i am going to get on base because with this offense do you expect if i don't get the hit, maybe the next guy breaks out? >> yeah. that's the great thing about

this offense. we have to be confident in all of our at-bats and all our -- and all our hitters have a great confidence. we may not be hitting the best right now. everybody will come around. there is going to be a time everybody will come around. if you are on base when that time happens, it just makes things a lot easier. >> amber: how difficult is it right now to look forward when you are in the position that this team is in, a 2-12, and not hitting the way that everybody believes the talent on this team can? >> you know, it's tough. you just have to -- the biggest thing is just everybody needs to relax. calm down. it's only 14 games. it's a long season. we have 50 at-bats right now. you know, you are going to have one good game, one good series, and everything can click. that's what we're looking for right now to take, you know, a good look forward. >> amber: is this team better than the level they are playing at right now? >> absolutely 100%. like i said, i think guys are pressed right now, myself included. but, you know, like i say, he

has to go -- you go up with a good approach and have fun. this is a game. we get paid a lot of money to go out here and have fun. and i think that's what guys need to, you know, do. relooks, have fun, and enjoy it. >> gary: so nick will hope that the ball club picks up these numbers and he will be a part of it if they do. they are batting .229 as a team. that's 11th in the american league. they are 14th dead last in runs. >> jim: and then the on base percentage. when you take brian roberts out of the lineup and of course tajeda is out because of the injury he suffered on saturday, it does make it more difficult. reimold is injured. at the end of the day can you do the little things. and, you know, i think ideally, and we were talking about it last night, it's not a perfect world. so you have to make the best.

but everything has to be all cylinders. that hasn't been the case for this club. >> wicho: brad bergesen got sent down after the ballgame. dave trembley saying that was a very tough call. so the orioles will use four starters for a bit. am will be talking about that for a while on. alberto cast eowe got called up today. and the orioles with the injuries continuing to pile up and pie gone for three months, reimold's heel still bothering him, want a little help as far as the outfield depth is concerned. so the orioles went out today and agreed to terms on a minor league contract with cory paterson. he played in '06-'07. last season he was with washington and milwaukee. >> jim: they also signed joey goaltender right at the end of the last series. i think this is going to be the

era that felix pie, he had a great spring, probably the best batting average and was hitting around .400. the muscle in his back is going to take about three months to heal. >> wicho: starting line up brought to you by southwest airlines. jones, wigginton and markakis, reimold scott and weight. atkins back in the lineup. he did not play last night. luring owe and izturis. atkins you can see why he is in there. 5-7 against the seattle starter including two home runs. >> jim: our scouting report on the left-hander, a 27-year-old. 7-4-at home. 3-11 on the road. eeover eight runs a game. change is good. his best pitch is a change-up. he pitched well against the orioles last year. was 0-1. will the third time be a charm? he is at home. they did not get him a lot of runs kind of david hernandez for the orioles.

he had a 2.88 e.r.a. last year. >> >> gary: the orioles another left-hander. that has been a bug a boo for the orioles. they have gone 1-3 this season. doug fister pitched yesterday. fister got the win. he is now 2-1 as the years lost to 8-2, getting only five hits total in the ballgame. >> jim: he pitched well. he threw a lot of breaking balls. and then again i think what made it easy for him, number one, he was pitching well, number two, they got him seven runs in the 3rd inning. he said i pitched like it was nothing-nothing. >> gary: we are ready to go as the left-hander, 27-year-old, jaceinging vargas will face adam jones. the first pitch is outside for a ball of the and we are

underway. it is 53 degrees at game time. 5-3 with the roof closed. pitch is going to be away for a ball. during batting practice the wind was whipping around this ballpark. prior to starting lineups they closed the roof. groundball to short. he gets it over there in time. a couple of pitches and jones is retired. here is ty wigginton batting in the number two spot. wigginton with a 1-3 last night. >> jim: he is red hot. just another good swing. we saw it a couple of times in okajima land. he has hit five of the seven last home runs the orioles have hit on the season. again, he was talking before the game. he said, boy, i wish i would have turned that double play or got an opportunity. couldn't catch a routine groundball. >> gary: wigginton has gone 3- 11 against the lefties.

one of his five home runs against left-handers. vargas' pitch will miss outside for a ball, and the count goes to 2-0 on wigginton. >> jim: you don't want to pitch this way to adam jones. he swung at a pitcher's pitch. right there a pretty good swing from wigginton. again, you want to work the count in your favor. when you do, as we looked, you talked about the orioles being 14th in runs scored. they are also 13th in on base percentage. until you get the 2 strikes you want to have positive at-bats. you can talk about it. but at the end of the day you have to not be able to swing at pitcher's pitches when they are behind i. >> gary: that pitch is taken down low. vargas started with texas. he took a loss there. against oakland he got a win. he pitched six innings. a couple of runs on five hits. and vargas surrenders the walk here with one down. something the orioles could use to get the on-base percentage up. >> jim: there is a perfect example.

you have one of our hottest hitters. again, he sub jew gated his ego and took a walk. if you get on, let the other guy drive you in. i think it's hard to do that when you are struggling as a team. nick has made some changes. he started with his hands even pretty much the numbers on his uniform. he has them back. >> gary: nick 4-16 against the lefties. wigginton on at 1st base. kotchman will play a step off the bag. this is one of these towering silo shots. 1st base. and that will be played by casey kotchman. two down. >> jim: let's take a look at one of the better defenses in the american league. bradley, who made a nice play in left. gutierrez best center field rating in the game.

ichiro nine straight gold gloves. lopez second to third. wilson. figgins, kotchman two games out an error. rob johnson gets the night off. >> gary: here is nolan reimold. he is batting clean up again as the designated hitter outside to him. le reimold has had only three hits in his last 23 at-bats. and nolan down to .162 with a home run and 4 rbis. he does have a couple of doubles among the extra base hits. vargas' pitch high. reimold 2-6 with a home run. lifetime off the left-hander on the mound for the mariners. at least in the start here the orioles are getting some hitters' counts against vargas. >> jim: four in a row. >> gary: 2-0. runner at first. floats that one outside and it goes to 3-0. >> jim: he is not going to be overpowering. i watched the oakland game that

he pitched very well at. he will throw a change-up. he has a breaking ball between a -- >> gary: gets the inside corner with that. the left-handers have hit only .133 against him this year. they hit .290. >> gary: he got a lot of that. it is in the gap. it's way back. and it's going to hop off the wall. coming around third is wigginton. he will score. it is a double and rbi. and the orioles get a 1-0 lead. >> jim: you got an idea right there how big this ballpark place. nolan reimold, terry crowley the hitting instructor said what he liked about him is he could hit the ball and hit home runs without trying. he belts this ball. it looks like it's going to go out of here. it doesn't. it short hops the ball.

in baltimore the bullpen would have been catching it. >> gary: so reimold gets his fifth rbi of the year. something the orioles hasn't done much this year, they get on the board early. scott with a runner at second. he, like reimold, two or six with a homer off vargas. another one of those silo shots. moore, the catcher, called off. 3rd base marks lopez, a better angle. the orioles take advantage the walk to wigginton and reimold gets a double and a rbi. hernandez has his first run of the year. anncr vo: with the ne geico glovebox app...

anncr vo: ...you can get help with a flat tire... anncr vo: ...find a nearby tow truck or gas station... anncr vo: ...call emergency services... anncr vo: ...collect accident information. anncr vo: or just watch some fun videos. anncr vo: it's so easy, a caveman can do it. caveman: unbelievable... caveman: where's my coat? it was suede with the fringe. vo: download the glovebox app free at geico.com.

>> gary: so the orioles on this road trip averaging three runs during a game. >> jim: take a look at the report on david hernandez. there it is. back in the win column. one in his last 11 appearances. he is 0-8. let's talk about long ball fever. again the 13 home runs. 27 last year. >> 13 the last 27 innings. the bottom of the lineup, 6, 7, and 9. >> gary: there goes ichiro. he gets a base hit into right

field. the owner of the highest batting average against the orioles. he had 2-4 last night and he starts out with a single here. >> jim: it's predictable he will have good at-bats. nine straight years of 200 or more hits. as we mentioned last night, he hits lefties better than rightys. >> gary: hernandez is going to work with a runner on here. and here is it figgins. he had an 0-4 last night. he has not had a hit at last 11 at-bats. ichiro is always a threat to go. and figgins trying to move him up, fouls to all. one of the ironic numbers about hernandez this year is hitters are batting .327 against him. but when he goes into the stretch, he has been much more effective at getting hitters out with runners on base, only .238. when the bases are empty, .348.

>> jim: and he was thank that way last year. if you look at his numbers last year what really hurt him, .186 with runners in scoring position. it was the long ball that really hurt him. again, the 27 home runs on the year. then he went 0-4 in september. it was very tough to win. >> gary: no home runs off him yet this year. and that has taken outside by shaun figgins, and a one-ball, one-strike count. >> jim: he went to training and they said how about a couple two seamers. he has one of those invisible fastball. 92 looks like 94. 94 looks like 96. but again, that's the minor leagues. a little bit different here. so the two-seamer make get more groundballs, get the ball down in the strike zone. >> gary: in the 1st inning for hernandez, this is his 22nd start, his career number, he

has given up 12 runs on 20 hits in 22 first innings. so it's as with many pitchers, the 1st inning has been a little bit tough for him. here you want to come out with the orioles needing him to go deep. be efficient. keep ahead of the count here. get these outs early. and since you have the 1-0 lead, get the team back up to the plate. >> jim: not that ichiro can't steal bases, but if you are don wakamatsu you want to leave that 1st base open for one out. ichiro with good speed, a good chance to go all the way to 3rd base. >> gary: figgins takes a lot of pitches. draws a lot of walks. 3-1 delivery from hernandez, and that's going to be away. and that is the 12th walk for figgins this year. >> jim: take a look at the defense for the orioles. luke scott moves from first to

left. jones, markakis, wigginton, izturis, lugo at second. atkins with a night off last night over at first plate. matt wieters behind the plate. >> gary: here is the hottest hitter in the ballpark right now. gutierrez has a five-game hit streak coming into this. he is second in the league in average. he leads the league with eight multiple hit games. runners on at first and second for him. he had a 2-2 in the ballgame last night. and we'll take a pitch for a strike on the inside corner. with runners in scoring position, he is hitting just .600. 9-15 with nine rbis in these situations. >> jim: and hitting .447 off right-handed pitching. he just started out with one of those great first months. >> gary: hernandez has some work here. 0-1. runners on first and second. and that will miss outside and a one-ball, one-strike count.

>> jim: what you have to try to do is make a pitch. we talk about quality pitches. you are a fly ball pitcher. maybe get a groundball to one of your infielders. of course, they are trying to advance the runners. of course, when you are hitting as well as franklin is, you are pretty relaxed. >> gary: real relaxed. 1 ball, 1 strike count. lugo trying to hold ichiro at second. hernandez with a 1-1 and he came in on him. that's going to take wieters out. he crossed up on that pitch. even though he hang on it to he immediately came out of the crouch. >> jim: a lot of times you do change signs with a runner at second. you can see right there he does get crossed up. easily that ball could have gone all the way to the backstop. >> gary: he leaning one way and the ball was going the other. they got that taken care of. ichiro at second. figgins at first. >> jim: one of the keys to the game, can you get your breaking ball over. right here a good chance to

throw a breaking ball. >> gary: 1-2 delivery, and the fastball back over our head. a ball and 2 strikes. next time try not to come so quickly. give me a chance before you come into, all right? because you are just much too close on that. i need time to move, too. >> jim: what are you saying? >> gary: i am saying protect me. a wild pitch, and i mean wild all the way to the backstop on that one. and the runners move up and the chance for the double play is lost. so now there are two in scoring position. >> jim: he just held on to it a little too long. first breaking ball for the game. he did a change-up early on to figgins. exactly what you don't want to do. >> gary: so two in scoring

position. and gutierrez, the infield back, as a two ball, two strike count. first wild ball hernandez has thrown in his three starts. center field jones. ichiro tagging. coming to third, and not it time. a sac fly and rbi. that will tie the ballgame up at one apiece. >> jim: if you are david hernandez, the 1st inning is so difficult for any pitcher, whether you have experience or not. you get the inside corner right there. misses down and away. so it's 1-1. there is the cot up, but he swings by right there. foul ball. count still 1-2. gutierrez talked about runners in scoring position. but when you get a runner in third less than two outs, fly ball and out. you can get a run in. >> gary: the infield is drawing in in the 1st inning. that's how much the orioles

aren't scoring. with a runner at 3rd base and one away, figgins over there, and lopez up. dave trembley pulls the infield in. >> jim: i think one of the other reasons you do it here is because jose lopez, if he would get on, and you are going to make him a better hitter -- >> gary: and he pops it up third us base into foul territory. wigginton in and runs out of room. >> jim: the reason you bring him in is even if he gets to 1st base, he is not going to get a base. it's kind of a calculated risk. you normally wouldn't do this unless you have a sinker ball pitcher. again, remember what hernandez was able to do in spring training when he became the fifth starter. sink the ball. throw nor groundballs. stay away from the home run ball. >> gary: only one out here in the first. lopez, 1 ball 1 strike count. .167. wigginton, and a tag is put on and it works.

the strategy works as the groundball to 3rd base to ty wigginton, a big hopper, and they get the second out at the plate. >> jim: for any pitcher, you have to ak mate yourself to the mound. he makes a great pitch. he gets lopez out on his front foot. wigginton tonight, he almost steps on the bat. no chance to get it out of harm's way. >> gary: and there are two down. no chance to get through wieters on that one. and ken griffey jr. coming up. he had a 1-4 last night with a double. a couple of rbis. ballgame tied at 1-1. there are two down. he is 1-3 off hernandez. hernandez gets it on the inside corner. back in '87 the first overall pick mv p'97. ten golden gloves. fifth all time with 630 homes for ken griffey jr. playing back where it all started. here is the 0-1 delivery to

him, and that will miss down low. 1 ball, 1 strike. >> jim: those are legitimate 631 home runs. i mean, in this era, he is the most pro live home run hitter. you start looking at those back- to-back 56 home run seasons and 46 and 48. >> gary: he has 29 here autosave co field where he hasn't played all that many games. he was in the old ballpark when he originally started here. he has some pretty good numbers. lifetime of course against the orioles with a lot of ball games. he has a runner at 1st base with two down. hernandez is going to step off. >> jim: he was lay meaning the fact he didn't get to see a lot of fastball. we will see if he gets one here at 2-1 off of hernandez. >> gary: griffeyry will take it download. .313 lifetime. 31 homes run against the orioles. he has had over 500 at-bats

against the orioles in his career. 3-1. two away. hernandez trying to keep it tied at 1-1. and will miss inside. that is the second walk he has surrendered in the inning. >> jim: that's kind of a walk to your reputation because ken griffey jr., at age 40, doesn't have the bat speed. but a young pitcher, maybe being a little bit too respectful, not trusting his stuff there. now all of a sudden you get another guy who struggled. last year he started with the cubs 1-25. as of late high on-base percentage. >> gary: bradley is 4-16 with runners in scoring position this year. and he goes after the first pitch. swings and misses on it. he had a 1-4 in the ballgame last night. david hernandez coming off two starts. one against toronto.

two runs six hits over six. the last against oakland. five runs seven hits over 5. 0- 2 on the year. and that is on the inside corner to bradley. and hernandez gets ahead of him 0-2. >> jim: gary, you go back to what we talked about. last year .186 runners in scoring position. this year .176. they only scored on the sacrifice fly. >> gary: 0-2 delivery. that is into left field for a base hit. scott is up with it. lopez coming around to score. it will be a two-out single by bradley and a 2-1 mariners lead. >> jim: i'll tell you what. again, when you get the 2 strikes, you better change your spot. you better cut your swing down. that's exactly what milton bradley does. and right here not a very good pitch. too much in the middle of the plate. he just goes down and slices it over the shortstop izturis' head. >> gary: so the offense is

starting out early in this ballgame. and rick kranitz is already going to take a visit to the mound to talk to hernandez to bolster the hernandez. a couple of walks. rbi picked up by gutierrez on the sack agree and the rbi singled by bradley. they have recorded an out on the plate on figgins on that groundball for the second out of the inning. >> jim: yeah, i think on a young pitcher, even a vit ren sometimes, it's very difficult to go out at second guess location because a lot of times you don't throw pitches where you want to. i'm sure he didn't try to throw that ball in the middle of the plate with 2 strikes and no balls. but that's where it ended up. >> gary: now casey kotchman with two down, first and second occupied. kotchman nearly broke two shoulders on that swing. he had a home run last night. 2-4. home run, three rbis. >> jim: you could get hitter on a swing like that. >> gary: he has made ap enormous difference already for

this ball club. at 1st base, he is a great defensive 1st baseman. he is going to give them some power on the first side. >> jim: brad bergesen had a trouble with the breaking ball, and right here he gets the first one over. speeds up the bat. he launches it. and that was one number six and seven in that 3rd inning. >> gary: three homers and a team leading 12 rbis on the season. gutierrez has 10 behind him, including the one he picked up in this inning. two ball 1 strike count in this inning. already hernandez is having to throw a lot of pitches in this 1st inning. >> jim: yeah, 27 of them. >> gary: 2-1 with two down. kotchman reaches for it. pushes it to right. markakis puts it away. but a couple of runs in as they get it done with the help of a couple of walks and two hits and the mariners take the lead.

[ man ] ladies and gentlemen, the 57th president of the united states. ♪ ♪ ♪ [ bell rings ] ♪ [ male announcer ] at&t. the nation's fastest 3g network. this mother's day, get 50% off all messaging phones after mail-in rebate, like the pantech reveal, only from at&t. is a flavorful wheat beer.

it has a very nice spice note. it has a little lemon zest and a historic brewing spice called grains of paradise. it's citrusy, lemony. sam adams summer ale. it just totally reminds you of summer, yeah. call today for the lawn double and get your second room of floor free. there you see our luna board. the most doubles since 2000, todd helton on top. miguel tajeda, .367. ortiz rounding out the doubles list from luna. so byrnes has come on to play

in left field. bradley has come out of the ballgame. not sure what that's all about. >> jim: he had some knee and calf problems. again, a very damp night. so maybe that tight end up. we saw eric leighton in last night's ballgame. >> gary: matt wieters leading it off. a three-game hit streak he continued last night going 2-4. he turned around and had a look at eric cooper on that call. he wasn't quite sure of that. he takes it down the line. pulled it. that's going to go all the way to the corner. and on his way to 2nd base with a lead off double is wieters. he has four-game hit streak going. atkins coming up. let's check in with amber. >> amber: gary, garrett atkins has a member of the lock ease organization for nine years. he was part of the club when it made the transition. during that time he really learned the benefits that come with winning. by that he meant once your image rises around the leg, you

get the breaks, the calls, the respect from the opposing team, but also the umpires. that can help a lot. he said it's similar to the breaks a veteran hitter will get as far as the strike zone is concerned. it helps him keep winning. and he said it's a matter of perception becoming reality. once you force this league to perceive your team differently, you will start to get the respect. you will start to get the breaks. and that allows you to keep winning. >> gary: and atkins hopes he can be part of turning that around. there is a runner at 2nd base. he has had fine numbers off vargas. he is 5-7 with two home runs. ironically, he comes in this ballgame 0-11 on left-handers. he takes that one to center field. gutierrez is there. the runner will tag, but wieters isn't going anywhere. atkins is retired. >> jim: he doesn't get them

over. when you have scored three runs or less, even if you are hitting pretty well, i don't think you ask have that approach against a guy that is struggling. i mean, not that vargas has any indication of making good pitches in this game. but again i think the right way to play the game is to hit the ball to the right side, especially early in the count. when he gets to 2 strikes, things change. >> gary: you got to get him over there. >> jim: the reason i say that is because, you know, i pitched almost 4,000 innings. if you get the runner to 3rd base, it puts pressure on vargas. he is a young kid. he is 27. but his experience level is young. so put some pressure on them. it's easy to give up a run with less than two outs and a runner on third. >> gary: and lugo, fifth start at 2nd base for the orioles. trying to get his bat going. acquisition late for the owe's o's here. late in spring training.

1-25. he has had three singles. he has a runner at 2nd base. and we'll try to get matt wieters around. wieters not a speedy baserunner. he needs one in the gap if he is going to get him around in one hit. south carolina on deck. there goes the bat to short. it goes to ball. wilson makes the play and he doesn't get the runner moved up either. >> jim: and you doesn't run the ball out. i just -- that's my biggest pee. now, this club is not a good club. they are not playing well. look at this. it's just not the way you play the game. i am not trying to rip them. it's unusual for anavet run to get an opportunity, when you put your name in the lineup, that's your responsibility. if you don't get a guy like julio to run the ball out, who are you going to get? >> gary: nobody says a word. izturis was two down.

i really think with this ball club and things that happen, dave trembley should take him out of the lineup and insert somebody else at 2nd base. you don't want to play, then get out. >> jim: right. let's find out if justin turner can play in the big leagues. it's just unacceptable. are you playing the game to the best of your ability? and if you will -- and i will ask jack wilson. when you play shortstop and you see a guy not running the ball out. does that make it easier or harder to make a good throw? if your throw is off a little bit and you are hustling -- i mean, i played with frank and cal and i played with guys that ran every ball out. and you know what? it's not asking a lot. >> gary: he is a veteran and knows better. a 1 ball two strike count. runner at 2nd base. there are two down. vargas chance to get out of this slow roller. good play needed from lopez.

bare hands it. makes the roll and got him. he got the good play. and gets the glove salute from his pitcher. nice play by lopez. he made the move over to 3rd base from second and he is getting it done. it remains a 2-1 lead. [sound of waves crashing] [upbeat whistling in background] discover all that northwest florida has to offer. seventeen hidden beaches, one revealing destination. fly southwest's new nonstops from bwi airport to panama city beach starting at $99 one-way. (ding) s saving people money and who doesn't want value for their dollar? been true since the day i made my first dollar. where is that dollar? i got it out to show you... uhh... was it rather old and wrinkly?

yeah, you saw it? umm fancy a crisp? geico. fifteen minutes could save you fifteen percent or more on car insurance.

>> gary: folks going home from downtown. and we go to the second. hernandez will try to pick up the efficiency level here. you look at the catcher in the ballgame tonight. this is adam moore. moore out of west tennessee, where he played some college baseball. big cut and a miss on that one. he is going to turn 26 soon. first major league experience. six games with seattle last year after putting in four years of minor league ball. 1-1 delivery to him. breaking ball. fouled back. 1-2. >> jim: and don wakamatsu, who was a former catcher himself, said still learning how to catch. better hitter than he is at this point a receiver. >> gary: i thought don had an interesting comment when we were talking about that. 1-2 delivery on the way. that ball is going to be to

right. markakis right there. we were talking about catching, and he said -- and when he said that, he said is still learning. he is raw, was the term he used. he said what i'm most concerned with. in this day and age, the pitchers want them to be quiet and behind the plate and sit there. he said i don't agree with that. the first thing i want with my catch, is the ability to move and block balls. i want to see some action behind the plate. then they can worry about setting with the target. that's contrary to what you hear from most major league people. >> jim: way, what he was saying in this division, the western division is one of the best because he is very agile and he is moving and whatever. you don't want to stationery guy. rick dempsey was one of the best of them because his badge of courage was the fact that, hey, i'm going to throw guys out. i am not going to let balls get which me. >> wicho: wilson will foul that one away. he has done a tremendous job in the nine hole for the ball club.

he had a 3-4 in the ball club last night. he has three-game hit streak going. batting .250 and a couple of rbis. and any offense out of him is extra because his primary job is to catch balls at short. that one to 2nd base. lugo over. he's got it. and there are two down. two down, nobody on. top of the order. ichiro. they continue this hit streak to six games with a single and scored one of the two runs in the 1st inning of the ballgame against the orioles. now he has hit successfully in

the last 20 games that he has played against the orioles, going back to may 5 of '05. that's a two -- may of '08. >> jim: i wonder who got him out that one night? probably a bunch of guys. >> gary: down the line. that's going to be a foul ball. you talk about a pure hitters of the game, you really are looking at one of the great pure hitters of all time. >> jim: we had that graphic last night. he had about 1200 and something hits and over 2200 errors? he is well over 3,000 hits. there is another line drive. even if he hits it straight left, it's a line drive. >> wicho: .335, his lifetime average in seattle ten years, and a .350 average lifetime in japan. here is is 0-2 delivery. hernandez again, the foul ball, and it says at 2 strikes.

that contact is so tough. >> jim: he is one of those guys, i remember mickey hatcher who is the hitting instructor with the angels, i used to go watch tony gwynn hit. this is a guy, he has bat control, the ability to square up the ball. >> gary: good pitch. there is that off speed breaking ball and he fooled ichiro and retires the order in this income. if he could throw in successfully in a ballgame, he has a shot.

time for our atan tmobility trivia wes. who hold the mariners record for most wins in a season, kwame my moyer, randy johnson, felix hernandez. randy johnson, i know they won 20 a bunch of times. >> gary: jamie moyer. >> jim: you think so? >> gary: no. that's my guess. >> jim: 21 wins. >> gary: sometimes seen -- even a squirrel. swung on and missed. and adam jones, who grounded out his first time up, 0-5 in the two games. >> jim: the ancient mariner now pitching with the phillies. >> gary: the 0-2 foul tip held

on to. first strike out for jason vargas. one away here in the 3rd inning. markakis up. >> jim: a little different approach. he got ahead. and then just butts the ball up- and-in. we all know and the league has found out that adam jones is a much better fastball hitter up and out of the plate. boy, does he miss brian roberts. not on base. not getting as many fastballs. >> gary: that's going to miss outside for a ball. ty wigginton had a walk, scored in the 1st inning on the rbi double. the orioles' offense three fewer runs ten times in the 14 games played in year, and two or fewer runs seven of the last ten. so it's really made it tough on the pitchers who know that the limited offense forces them to give up very little. wigginton takes it outside. vargas way off the mark here on these three pitches, and the count goes to 3-0. >> jim: well, we talked again.

there wig, number two hitters. the orioles right there. dave trembley says where do you want him in the line up? number two. >> gary: he takes it. it's in there for a strike. >> jim: wigginton didn't walk the first time. he has been red hot, 5 of 7 last home runs. in 1985, the cardinals, they go all the way to the world series. lose to kansas city. tommy her hits about .333. strike zone about the size of a sheet. it's really small. he is making everybody throw a lot of the strikes. the next year he gets a slow start. he is hitting .180. and when we start doing monday night baseball he didn't want to hit .180 so he started hitting at everything. >> gary: 3-2. fouled away. >> jim: but if you look at the batting averages early in the year there is a tendsy you know i want to make them throw

quality strikes. otherwise i am going to go -- it's hard to walk when you are hitting .220. you want to get a base hit. you are playing to the hand of the pitcher. >> wicho: wigginton down to 3rd base. handling it is lopez. it didn't hit the dirt. and there are two down. this is tejada finally getting some baseball work in. and saying he is ready to go. probably available to pinch hit in the ballgame tonight and should start in the game tomorrow. wigginton talking to dave them, letting him know he is ready to play. and tajeda says he is. so we may see him in the game tomorrow night. there he is on the bench. could hit if needed. markakis pops out his first time up. nick has 1-5 in the first two ball games of this series.

that's going to be a 5-4 ball. we will be back with you tomorrow night, final game of the series, kevin millwood against felix hernandez 1-0. 9:30 owe's extra. 10:00 game. 1-1. right at the plate. foul ball. 1-2. you mentioned the numbers of leftys against vargas this year. 2-17. so he has done a tremendous job. of course, nick markakis is not your ordinary left-handed hitter. >> gary: they put up good numbers against the left- handers last year. swung on and missed and got him. so vargas settles down and retires the order in the 3rd inning. we will go to the bottom of the third here in seattle. if you catch a fish, two down. [upbeat whistling continues]

discover the unexpected beauty and man-made relaxation in northwest florida. fly southwest's new nonstops from bwi airport to panama city beach starting at $99 one-way. (ding)

>> amber: welcome back to seattle. it's well reported after last night's rocky start bergesen was sent to triple-a norfolk for what dave trembley called a mechanical problem. the orioles will not need a fifth starter because of the off days until may 1st. that's a home game against the red sox. in the meantime, alberto castillo was called up from triple-a. they could probably use him tonight. the bullpen was used heavily last night as berk went three in the third. it looks like hernandez did settle down in the second inning. remember he threw a lot of

pitches in the 1st inning. if they do need to go to a long man it could be mark hendrickson. >> gary: hopefully he will be able to go deep here and settle it in for a while. figgins drew a walk and was caught at the plate for the second out of the inning. 2008 walk in the last six games. figgins who had just four walks in the first nine. he has become more patient has the games have gone long here in the year. figgins said last night he had no idea he was throwing a no- hitter. that was kind of funny. >> jim: but he also added, i told him, i am going to give you the no-hitter sign in face case it happens again. he said i play every ball like it's a no-hitter. and we saw that. he robbed them a line drive to his right. >> gary: the plans applauded in markakis got a hit in the seventh. doug fist, he said i looked around and tried to see why they were applauding and i

looked at the scoreboard and he realized he had a no-hitter going into the seventh income. he was concentrating on the game. figgins with a 1 ball, two strike delivery. and fouled back. it will hold the count at 1-2. >> jim: i look at shaun figgins, and here is a guy who is a switch-hitter. he can steal bases. he ask score runs. he comes from an organization that's used to winning, and that's the angels. nobody has done it better in the american league west. and i think he understands that he is going to take that same mentality. of course, last year he saw bobby owe bray owe, he changed the culture of how disciplined that angel team was last year. i think he will do that here. >> gary: 2-2 delivery on the way, and that's going to be down low. so figgins looking to get a walk here as the count goes to 3-2. hernandez two walks and a strike out so far in the bottom

of the 3rd inning. figgins has been a tough out for oriole hitters. he is .322 for the orioles. 3-2 pitch on the way and he fights it off. >> jim: this a veteran hitter you know doesn't want to be hitting .217 but he will take the walk. because if you take the walk, sooner or later they are going to start throwing you strikes. if you swing at balls, that's usually what you are going to see. >> gary: it's a 3-2 again. rightna the glove. at skins, look what i found, and figgins is retired. amber was talking about the orioles not needing another starter for another three weeks or so. take a look at what's going on in norfolk. chris tilman, who was supposed to be the number five starter, is he 0-3 with a 8.3 e.r.a. jake ar yet a, on the other hand, 1-0 with an e.r.a. of .5 and opponents only

hitting .183 off him. so he will get some attention with the next cull of starts. the orioles tilman really struggling. it's david hernandez's fortune, in a sense, that he wouldn't be here in this starting roll. tilman had been able to hold op to his spot. >> jim: i think tilman just turned 22. >> gary: that's right off the end of the bat. center fielder jones there, gutierrez retired. let's check in with amber. >> amber: gary, as i mentioned before, you have to remember if it is jake thank gets the call out for that start on may 1st, that's a home game against the boston red sox. a tough lineup to go up against in your major league debut. so it would be interesting to see if the orioles bring him up for that. >> gary: i think if bergesen, amber, if he performs well down there, i think he is their first choice to come back. but he has to get things under control down there for that to